A/HRC/37/54
71.
A human rights impact assessment should ensure meaningful participation of all
stakeholders, including relevant government departments, business and trade union
representatives and, in particular, affected population groups and their representatives, such
as women, children, the elderly, persons with disabilities, minorities and other groups at
risk of marginalization in the national context, such as indigenous peoples. Active
participation in addressing fiscal consolidation measures also requires the appropriate time
frame for both authorities and those affected and their representatives to be able to prepare
and evaluate policy alternatives. Given the technical complexities of fiscal consolidation
measures, a certain level of expertise is needed for engaging in the actual evaluation. That
is where the role of civil society organizations, think tanks and academics is particularly
valuable as they can provide expert evaluation. They can play an important role in engaging
with affected groups to ensure that their experiences and concerns are incorporated in the
analysis and in “translating” the findings of the impact analysis to a wider audience.
VIII. Conclusions and recommendations
A.
Conclusions and way forward
72.
Neither the lessons learned from responses to earlier crises about the
importance of protecting social spending nor the increasing emphasis on the
instrumental role of human rights in improving development outcomes appear to have
played a sufficiently explicit role in the analyses or structuring of responses by
governments and international financial institutions to the recent financial crisis. The
conclusions drawn in 1990 by the Committee on Economic, Social and Cultural Rights
in response to earlier crises remain equally valid today. Although the severe human
rights impacts of the recent financial crisis have been widely and well documented,
policy responses to the crisis revealed a deep-seated structural neglect of human rights
in economic policy formulation, insufficient protection of the most vulnerable and a
lack of attention to participation, consultation, transparency and accountability.
73.
That neglect is the driving force behind the development of guiding principles
for assessing the human rights impact of economic reform programmes and the
development of analytical and methodological tools to assess human rights impacts.
The guiding principles will help States and international financial institutions to
comply with their human rights obligations in periods of financial distress when
considering fiscal consolidation measures, countercyclical initiatives and alternative
economic choices. Although such human rights-specific guidance has not yet been
adequately developed, relevant tools, experience and research exist to inform the
efforts to do so.
74.
The guiding principles should start from the premise that managing economic
and fiscal affairs is a core government function and responsibility. Fiscal consolidation
and wider economic reforms are not inherently incompatible with a State’s human
rights duties; indeed, such measures can comply with international standards if they
are designed and implemented with those standards in mind. The extent to which
budget cuts may undermine human rights depends on how such cuts are
implemented. For example, it makes a difference whether cuts worsen existing
inequalities or not and who is affected. Cost containment measures should be planned
in such a way that they do not undermine the accessibility, affordability and quality of
service delivery. The aim of reforms should be to strengthen, adjust and close gaps in
social protection systems, not dismantle or undermine them.
75.
Timely and credible data that can be disaggregated as appropriate is critical to
analysing the impacts of fiscal consolidation in a robust, useful and credible manner
information, which allows more precise monitoring of the human rights situation and the impact of
public policies on the population. See the submission at http://sice.ine.gob.bo/HR2016/UN/index.
php?r=site/index.
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